B-166914, JUN. 6, 1969

B-166914, JUN. 6, 1969

TO MR. A. E. DAZELL:

WE REFER TO YOUR LETTER OF MAY 8, 1969, YOUR REFERENCE 2-363, CONCERNING THE EFFECTIVE DATE OF THE REVOCATIONS OF ALLOTMENTS FOR UNION DUES EXECUTED BY TWO EMPLOYEES OF THE BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR.

THE EMPLOYEES CONCERNED EXECUTED REVOCATIONS OF THEIR UNION DUES ALLOTMENTS ON MARCH 7, 1969, A FRIDAY. HOWEVER, THEIR REVOCATIONS WERE NOT RECEIVED IN THE PAYROLL OFFICE INVOLVED UNTIL MARCH 10, MONDAY, AFTER THE BEGINNING OF A NEW PAY PERIOD WHICH OCCURRED ON SUNDAY, MARCH 9.

THE STATUTORY AUTHORITY UNDER WHICH EMPLOYEES ARE PERMITTED TO MAKE ALLOTMENTS WAS ENACTED AS SECTION 5, PUBLIC LAW 87-304 -- NOW CODIFIED AS 5 U.S.C. 5525. UNDER SECTION 6 OF THAT STATUTE -- NOW 5 U.S.C. 5527 -- THE PRESIDENT WAS VESTED WITH AUTHORITY TO ISSUE REGULATIONS (RESPECTING AGENCIES IN THE EXECUTIVE BRANCH) NECESSARY TO CARRY OUT THE PROVISIONS, ACCOMPLISH THE PURPOSES, AND GOVERN THE ADMINISTRATION OF THE ACT. THIS AUTHORITY OF THE PRESIDENT INSOFAR AS IT APPLIED TO THE PROMULGATION OF REGULATIONS UNDER WHICH ALLOTMENTS COULD BE MADE WAS DELEGATED TO THE CIVIL SERVICE COMMISSION BY EXECUTIVE ORDER NO. 10982 AND, PURSUANT TO SUCH DELEGATION OF AUTHORITY, THE CIVIL SERVICE COMMISSION PROMULGATED THE FOLLOWING REGULATION CONCERNING REVOCATION OF ALLOTMENTS -- 5 CFR 550.308 (E):

"A DEPARTMENT SHALL DISCONTINUE PAYING AN ALLOTMENT WHEN:

"/E) THE WRITTEN REVOCATION OF AN ALLOTMENT FOR THE PAYMENT OF DUES AS AUTHORIZED BY SEC. 550.304 (A) (5) IS RECEIVED IN THE EMPLOYEE'S PAYROLL OFFICE EITHER BY MARCH 1 OR SEPTEMBER 1 OF ANY CALENDAR YEAR. IN THIS CASE THE DEPARTMENT WILL DISCONTINUE THE ALLOTMENT AT THE BEGINNING OF THE FIRST FULL PAY PERIOD FOR WHICH A DEDUCTION WOULD OTHERWISE BE MADE EITHER AFTER MARCH 1 OR SEPTEMBER 1, AS APPROPRIATE.'

THE APPLICABLE DEPARTMENT OF THE INTERIOR REGULATION IMPLEMENTING THAT SECTION AND THE LABOR-MANAGEMENT AGREEMENT APPLICABLE IN THE CASE PRESENTED DIFFER FROM THE QUOTED REGULATION IN THAT A REVOCATION MAY BE EFFECTIVE IN MARCH OR SEPTEMBER AS THE CASE MAY BE IF RECEIVED IN THE PAYROLL OFFICE DURING THAT MONTH BY (APPARENTLY PRIOR TO) THE DATE THE FIRST PAY PERIOD BEGINNING IN THAT MONTH COMMENCES. THE REGULATIONS AND AGREEMENT IN QUESTION ALL REQUIRE THAT A REVOCATION TO BE EFFECTIVE MUST BE RECEIVED IN THE APPROPRIATE PAYROLL OFFICE BY THE DATE FIXED.

SINCE THE REVOCATIONS SUBMITTED FOR OUR CONSIDERATION WERE RECEIVED IN THE APPROPRIATE PAYROLL OFFICE AFTER THE FINAL DATE FOR MARCH REVOCATIONS AS PROVIDED IN THE CONTROLLING STATUTORY REGULATION AND AFTER THE LATER DATE PRESCRIBED IN AGENCY REGULATIONS AND THE LABOR MANAGEMENT AGREEMENT OUR OPINION IS THAT THE EMPLOYEES CONCERNED HAVE NO APPARENT BASIS FOR QUESTIONING THE CONTINUATION OF THEIR ALLOTMENTS UNTIL THE FIRST PAY PERIOD BEGINNING IN SEPTEMBER 1969.